In Re: Clark v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7913
In Re: ALEXANDER VONZELL CLARK,
Petitioner.
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On Petition for Writ of Mandamus.
(4:96-cr-00069-NCT)
Submitted: March 29, 2007 Decided: April 5, 2007
Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Alexander Vonzell Clark, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alexander Clark has filed in this court a “Motion for
Personal Restraint Petition for Review of the Order of the United
States District Court for the Middle District of North Carolina,”
which we have construed as a petition for a writ of mandamus
seeking an order directing the district court to consider his 28
U.S.C. § 2255 (2000) motion. We conclude that Clark is not
entitled to mandamus relief.
Mandamus relief is available only when the petitioner has
a clear right to the relief sought. In re First Fed. Sav. & Loan
Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a
drastic remedy and should only be used in extraordinary
circumstances. Kerr v. United States Dist. Court, 426 U.S. 394,
402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). The
relief sought by Clark is not available by way of mandamus.
Although we grant Clark’s motion to proceed on appeal in forma
pauperis, we deny the petition for writ of mandamus. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
PETITION DENIED
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